Question:

The Regional Center usually monitors compliance with the EB-5 rules and regulations, and makes yearly filings to ensure continued designation by USCIS. They should also perform due diligence on the projects associated with it in the best interests of itself and the investors. The project itself is concerned with the actual development of the project as stated in an investor’s I-526 petition, creating jobs, etc.

The best advice is to first contact an experienced EB-5 attorney who has the background and successful history of setting up EB-5 Regional Centers and also representing and preparing EB-5 compliant projects. It is recommended that both the EB-5 regional center and EB-5 projects especially if they are separate and distinct to perform due diligence of each organization to determine the credibility and viability of each organization. There is an EB-5 requirement that regional centers prepare and file a report addressing the business activities and investments by the foreign national investors for each EB-5 PROJECT which is connected to the regional center for that particular year. The EB-5 PROJECT should be asking the regional center for a list of other projects associated with the Regional Center and determine the credibility and viability of the other EB-5 projects. That is, one fraudulent EB-5 project may effect the credibility of the Regional Center especially for marketing purposes.